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The Corporation of the City of Guelph
By-law Number (2003)-17224
A By-law to regulate the parking of vehicles in public parks and to adopt Municipal
Code amendment #307, which amends chapter 210 of the Corporation of the City
of Guelph's Municipal Code and to repeal By- law (1991) - 13798 and all
amendments thereto.
The Council of the Corporation of the City of Guelph enacts as
follows:
Interpretation
1. For the purposes of this By-law the following terms shall have the corresponding
meanings:
"Authorized Emergency Vehicle" means,
i.
a motor vehicle of any fire department;
ii.
a motor vehicle of any police service; and
iii.
an ambulance;
"By-law Enforcement Officer" means a person appointed by the City to enforce
the Parking and Stopping provisions of this By-law;
"City" means The Corporation of the City of Guelph;
"Park" when prohibited, means the standing of a motor vehicle, whether
occupied or not, except when standing temporarily for the purpose of and while
actually engaged in loading or unloading merchandise or passengers, and
"Parked" and "Parking" shall have a corresponding meaning;
"Police Officer" means a police officer employed by the Guelph Police Service or
the Ontario Provincial Police;
"Stop" when prohibited, means the halting of a motor vehicle, even
momentarily, whether occupied or not, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a Police Officer or of a
traffic control device, and "Stopped" and "Stopping" shall have a corresponding
meaning;
General regulation
2. No person shall Stop or Park any motor vehicle on any grassed or earth surface
in any park that is operated by the Corporation of the City of Guelph, without
the express written permission of the Commissioner of Community Services or
their designate.
Exemptions
3. Section 2 of this By-law does not, if compliance therewith would be impractical,
apply to an Authorized Emergency Vehicle or to a motor vehicle operated on
behalf of the City by a City employee, while actually engaged in work authorized
by the organization for whom such vehicle is operated.
Offence
4. Every person who contravenes any provision of this By-law is guilty of an
offence.
5. The owner of a motor vehicle that is found Parked or Stopped in contravention
of this By-law is guilty of an offence and, upon conviction, shall be subject to the
governing penalties, unless the owner of the motor vehicle proves to the Court
that, at the time of the offence, the motor vehicle was in the possession of
another person without the owner's consent, express or implied.
Penalties
6. Every person who is convicted of an offence under any provision of this By-law
shall be liable to a penalty as set out in Section 61 of the Provincial Offences
Act, R.S.O. 1990, Chapter P.33, as amended from time to time, or any
successor thereof.
Removal of vehicle
7. Where a motor vehicle is found Parked or Stopped in contravention of this By-
law, a By-law Enforcement Officer or Police Officer may cause such vehicle to be
moved or taken to and placed or stored in a suitable place, at the vehicle
owner's expense, and all costs and charges for this removal and for any care
and storage of the vehicle, are a lien upon the vehicle, which may be enforced in
the manner provided by the Repair and Storage Liens Act.
Early payment for parking infraction notices
8. Where a Parking Infraction Notice is issued in respect of an offence committed
under this By-law, the Commissioner of Environment and Transportation of the
City or any person designated by him or her to accept such payments on behalf
of the City may, within seven (7) calendar days of the date indicated on the
Parking Infraction Notice, accept a lesser fine payment than the Set Fine
amount, which payment shall be deemed to be an Early Payment of the penalty
in full satisfaction of the offence, and a receipt therefor shall be given to the
person making payment.
Effective date of By-law
9. This By-law shall come into effect on the date when the set fines for this By-law
are approved by the Regional Senior Justice.
Prior By-laws repealed
10. By-law Number (1991)-13798 and all amendments thereto are hereby repealed
as of the date that this By-law comes into effect in accordance with Section 9.
Municipal Code amendment
11.This By-law is hereby adopted as Municipal Code Amendment #307, which
amends Chapter 210 of the Corporation of the City of Guelph's Municipal Code.
Passed this Eleventh day of August, 2003.
Original signed by:
Karen Farbridge - Mayor
V. Charlene Lavigne - Deputy City Clerk